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The Sun
2 days ago
- Business
- The Sun
Vape players reject ban, call it flawed
KUALA LUMPUR: A coalition of vape associations has strongly opposed the government's move to ban vape sales, warning that such a move would harm adult consumers and drive them toward the unregulated black market. They also argue that prohibition is not a practical solution to misuse and would instead worsen the situation by encouraging the use of unsafe, unregulated products that are easily accessible to minors. Malaysian Vape Chamber of Commerce (MVCC) secretary-general Ridhwan Rosli said history has shown that consumers, when denied access to legal vape products, will turn to the black market in search of alternatives, exposing themselves to unregulated and potentially dangerous products. 'Let us be clear: it is not the legal industry that is responsible for any misuse of vape products. 'It is the illegal and unregulated market that continues to operate outside the scope of Act 852. 'Banning legal sales would unfairly penalise responsible businesses that are complying with government regulations and working to support harm reduction efforts in Malaysia,' he said in a statement. Ridhwan said, based on the National Health and Morbidity Survey 2019, despite nicotine vape being prohibited in Malaysia at the time, 4.9% of the population or approximately 1.1 million people, were using unregulated vape products. 'Even in states such as Johor and Kelantan, where the sale of products has been banned since 2015, usage remains high, with more than 150,000 users reported in Johor and over 30,000 users in Kelantan,' he said. Similarly, in Singapore, where a full ban on vape use is in place, findings from a survey conducted by Milieu Insight between Q3'21 and Q4'23 revealed that vape usage increased from 3.9% to 5.2% of the population. 'These examples demonstrate that prohibition does not work. The vape industry is a significant part of the local economy, valued at RM3.48 billion in 2023. 'It supports approximately 7,500 general retail shops, 2,500 specialty vape outlets, and employs over 31,500 Malaysians as of 2022, many of whom are Bumiputera entrepreneurs. On July 28, the Health Ministry stated that it is working towards a full ban on the sale of vape and e-cigarette products, as reported in the Dewan Rakyat. This followed the authorities' findings that the smoking products are being abused for the consumption of illegal drugs. Health minister Dzulkefly Ahmad said the ministry is evaluating the effectiveness of the Control of Smoking Products for Public Health Act (Act 852) first. 'Up to June this year, from 58 investigation papers opened (by the police), 70% of the vape products – either the open or closed system – were found positive for illegal substances,' he said. Malaysia at the Consumer Choice Centre (CCC) country associate Tarmizi Anuwar said a ban will not eliminate demand, it will just eliminate safe access. He said Malaysians use vape as a less harmful alternative to smoking. 'Taking away this option won't protect them, it will put them at risk.' Tarmizi said instead of supporting adult smokers in switching to less harmful alternatives, a ban would force many to either return to cigarettes or turn to illegal sources where product safety, labelling, and age controls are non-existent. He further said that this concern is not hypothetical. A 2021 global meta-analysis found that former smokers who used vape were up to twice as likely to relapse into cigarette smoking. 'The study concluded that without proper access to less harmful alternatives, nicotine dependence could resurface, driving people back to the most harmful form: combustible tobacco. 'Prohibition has never been a successful public health strategy. What adult consumers need are clear rules, product standards, and responsible retail access, not policies that drive everything underground,' he said. From a consumer perspective, CCC also warned of rising stigma around vaping, noting that many adult users already face confusion and judgment due to poor public understanding of the role vape plays in harm reduction. 'Consumers are being left out of the conversation. They are treated as if they're part of the problem when, in fact, many are making informed choices to reduce harm. Public health policy should support those efforts, not punish them,' Tarmizi said. Ridhwan said MVCC have noted the formation of the government's expert committee to study vaping policy and welcomes the call for a comprehensive review of industrial, regulatory, economic and licensing aspects. However, he said, for this process to be truly effective, the legal vape industry must be included in these discussions, alongside addiction and harm reduction experts. Excluding key stakeholders will only lead to policies that fail to address the root causes of misuse and hinder public health goals, he said. 'We urge the government to engage directly with the legal industry to develop practical and effective solutions to prevent misuse. 'Enforcement, not prohibition, is key. A collaborative approach will enable us to strengthen regulations, enhance compliance, and safeguard public health without harming a legitimate and growing sector of the economy,' Ridhwan said. In expressing deep concern over the reported consideration of a nationwide ban on vape product sales, the Malaysia Retail Electronic Cigarette Association (MRECA) urges the government to recognise that banning legal sales will not solve misuse but will dismantle the regulated retail ecosystem and create space for illegal, uncontrolled trade to flourish. MRECA president Datuk Adzwan Ab Manas said many of its members have invested in compliance and training under Act 852. He said shutting them down without addressing misuse would harm thousands of entrepreneurs and workers. 'MRECA supports regulation – not prohibition – and stresses that misuse stems from poor enforcement and illegal sellers, not licensed retailers. The government must focus on stricter enforcement, online monitoring, and tougher action against unlicensed operators,' Adzwan said. MRECA urge the government to engage directly with the legal industry to develop practical and effective solutions to prevent misuse. 'Only through stronger enforcement and stakeholder collaboration can we build a regulated market that protects consumers and curbs misuse, without destroying the livelihoods of thousands of retailers. 'A collaborative approach will allow us to strengthen regulations, improve compliance, and protect public health without dismantling a legitimate and growing sector of the economy,' Adzwan said.


New Straits Times
2 days ago
- Business
- New Straits Times
Vape groups push for strict regulation, say ban will fuel black market
The vape industry has urged the government to regulate, not ban, vape products, saying prohibition will only push users to the black market and punish legitimate businesses that comply with the law. The Malaysian Vape Chamber of Commerce (MVCC) and Malaysia Retail Electronic Cigarette Association (MRECA) said enforcement and proper regulation under existing laws would be more effective in tackling product misuse and protecting public health. MVCC secretary-general Ridhwan Rosli said banning vape products would drive consumers toward unregulated and potentially dangerous alternatives. "Prohibition has never been an effective solution in tackling misuse. "History has shown that when consumers are denied access to legal vape products, they turn to the black market and risk exposure to unregulated, unsafe substances." Health Minister Datuk Seri Dr Dzulkefly Ahmad told the Dewan Rakyat the government was considering a full ban on the use and sale of electronic cigarettes and vape products. Ridhwan said the root of the problem was the illegal and unregulated market, not the licensed industry. "Banning legal sales would unfairly penalise responsible businesses that are complying with government regulations and supporting harm reduction efforts." He cited the National Health and Morbidity Survey 2019 data which showed that 4.9 per cent of Malaysians, or 1.1 million people, were using unregulated vape products, even when nicotine-based vapes were prohibited. "In Johor and Kelantan, where sales have been banned since 2015, usage remains high, with over 150,000 users in Johor and more than 30,000 in Kelantan. "Even in Singapore, where a full ban is in place, vape use increased from 3.9 per cent to 5.2 per cent between 2021 and 2023, according to a Milieu Insight survey. "These examples show that prohibition does not work." He said the vape industry contributed significantly to the economy, valued at RM3.48 billion in 2023, with more than 31,500 employees and 10,000 retail outlets, many owned by Bumiputera entrepreneurs. "We welcome the formation of the expert committee to study vaping policy, but the legal industry must be included in the discussions, alongside addiction and harm reduction experts. "Excluding key stakeholders will only result in policies that miss the root causes of misuse." Malaysia Retail Electronic Cigarette Association president Datuk Adzwan Ab Manas questioned the Health Ministry's delay in approving vape products, despite companies complying with licensing and documentation rules. "We already have the Control of Smoking Products for Public Health Act 2024. Use it to regulate strictly, not bypass it with a blanket ban." He said the lack of enforcement and transparency was pushing consumers to the black market. "We're ready to help enforce, monitor and clean up the market. But the government must act transparently and professionally, not punish those who comply." Universiti Kebangsaan Malaysia community health specialist Professor Dr Sharifa Ezat Wan Puteh warned that a total vape ban could backfire if not accompanied by robust enforcement and public education. She said other countries had taken varying approaches to regulating vape. "For example, the United Kingdom allows vape products under proper regulation, although it also permits the use of substances like THC (tetrahydrocannabinol). The same applies to the United States. "In contrast, Thailand has banned vape, but continues to allow cigarette use due to its investments in the tobacco industry. "Vape is seen as a competitor, so it is not allowed, even though users still obtain products through illicit means." She said the Philippines, on the other hand, had implemented regulations to allow vape use. "Their Health Ministry encourages smokers to quit by switching to vape under proper regulations." Sharifa said another option that could be considered was the Australian model, where vaping is prescribed as a medical intervention. "It has its pros and cons, but at least the option is there for smokers who want to quit."


Focus Malaysia
16-06-2025
- Business
- Focus Malaysia
Vape ban will backfire: Industry, consumer advocates urge gov't to enforce regulations instead
AS Pahang becomes the latest Malaysian state to announce a ban on vape products, industry and consumer representatives are calling for a more balanced approach. They are urging the relevant authorities to focus on enforcing existing federal regulations under the Control of Smoking Products for Public Health Act 2024 (Act 852) instead of implementing blanket bans that risk worsening public health and safety. The Malaysian Vape Chamber of Commerce (MVCC) and the Consumer Choice Centre (CCC) Malaysia have both voiced serious concern over the growing trend of state-level vape bans. Both warned that such measures will not eliminate vaping but will instead push the activity underground, benefiting black market operators and endangering consumers. 'The vape industry in Malaysia is not a fringe sector. It is a legitimate, regulated industry that contributes significantly to the economy,' the Malaysian Vape Chamber of Commerce (MVCC) secretary-general Ridhwan Rosli told FocusM. 'According to the Malaysian Vape Industry Study 2023, the industry was valued at RM3.48 bil, employing 31,500 workers and supported by 7,500 general retail shops and 2,500 specialty vape shops. 'These are real jobs, real businesses and real livelihoods that are now at risk because of these state bans.' Lacking enforcement Instead of banning vape products outright, Ridhwan urged state governments to work with the federal government to enforce Act 852 which provides a clear framework to regulate the sale, marketing and manufacturing of vape products in Malaysia. 'Vape retailers have already submitted the necessary documentation to the Health Ministry (MOH) to comply with product registration and price approval requirements with approvals expected anytime now,' he lamented. 'This clearly shows that legal industry players are ready and fully supportive of Act 852. We should be focusing on rolling out and enforcing Act 852 instead of sidelining it through outright bans.' Ridhwan further expressed concern that enforcement has not yet caught up with the law despite legal industry players being fully prepared to comply with Act 852. 'In fact, we've been pushing for these regulations for years because we believe in responsible business practices,' he justified. 'But when bans are imposed, it punishes the compliant legal players and creates a vacuum that illegal and unregulated vendors will quickly fill. 'The bad actors are the ones operating in the shadows to distribute vape products containing illicit substances. A ban won't stop them; it will just give them more customers.' Harm reduction compromised Echoing similar concerns, the Consumer Choice Centre (CCC) has also highlighted the dangers of pushing consumers to the black market. 'When state governments ban access to legal, regulated products, consumers don't stop using them but they simply lose the protection of safety standards and quality control,' opined CCC's Malaysia country associate Tarmizi Anuwar. 'The black market becomes the only option, and that's where real harm begins. Products with unknown ingredients, unregulated nicotine levels and dangerous additives become widespread. That's a far greater risk to public health.' Tarmizi went on to urge Malaysia to focus on harm reduction as a central public health strategy. 'Millions of Malaysians are still smoking cigarettes when vape has been a proven tool to help many of them transition away from combustible tobacco. By banning vape, we risk reversing that progress by driving smokers back to far more harmful products,' he warned. He also stressed the need for both the federal and state authorities to work together to ensure Act 852 is effectively enforced, particularly at retail points of sale through proper licensing, age verification mechanisms and routine inspections. View this post on Instagram A post shared by Berita RTM (@beritartm) 'If states truly want to protect public health, they must regulate – not prohibit. Enforcement is key, not prohibition.' With Johor and Kelantan having had long-standing bans in place since 2016, and now Terengganu and Perlis set to implement similar prohibitions from Aug 1 1, MVCC and CCC warn that Malaysia risks creating a fragmented regulatory landscape that undermines national policy coherence. 'We urge state governments to re-consider,' reasoned Tarmizi. 'Let's give the new regulations under Act 852 a chance to work. 'Let's strengthen enforcement, crack down on the black market and support responsible businesses that are committed to harm reduction. Bans may seem like an easy fix but they will only create bigger problems down the road.' – June 16, 2025


Free Malaysia Today
12-05-2025
- Health
- Free Malaysia Today
Users at risk as vape ban fuels black market, govt told
A pro-vaping group claims a vape ban will fuel the black market, exposing consumers to unregulated and potentially harmful products. PETALING JAYA : A pro-vaping group claims that any type of ban on vape sales will push consumers to the black market. The Malaysian Vape Chamber of Commerce (MVCC) said it opposed prohibitionist policies like a ban on vape sales or the generational endgame (GEG) bill as these are likely to be 'ineffective'. 'Such measures do not eliminate demand. They merely drive it underground, fuelling the black market and exposing consumers to unregulated and potentially harmful products,' MVCC secretary-general Ridhwan Rosli told FMT. The GEG provision, intended to prohibit the sale and use of tobacco products for individuals born on or after Jan 1, 2007, was omitted from the Control of Smoking Products for Public Health Bill 2023. Health minister Dzulkefly Ahmad subsequently apologised to the Senate for the provision's exclusion, which the Attorney-General's Chambers had said would be unconstitutional. Ridhwan said such bans would also jeopardise the livelihood of legitimate industry players and deprive the government of valuable tax revenue. He urged policymakers to focus on regulated and controlled solutions that balanced consumer safety, industry sustainability and economic contribution. Last month, deputy inspector-general of police Ayob Khan Mydin Pitchay said more states should ban the sale of e-cigarettes and vapes as they were becoming increasingly linked to the abuse of new synthetic drugs. So far, only Kelantan, Johor and Perlis have done so, with Terengganu to follow suit in August. Selangor, Penang and Kedah are still deliberating proposals. Consumer Choice Center (CCC) Malaysia associate Tarmizi Anuwar said: 'Regulations should reflect the growing body of scientific evidence showing that vaping is significantly less harmful than smoking.' Tarmizi added that policies must support access to safer alternatives for current smokers, rather than limiting them. He said a five-month ban on tobacco sales in South Africa in 2020 saw 93% of smokers continue to access cigarettes through informal channels. Prices surged by 250%, boosting the illicit market and putting consumers at greater health risk due to unregulated products, he claimed. Tarmizi said state governments in Malaysia should adhere to the Control of Smoking Products for Public Health Act 2024 (Act 852), which was passed by the federal government to regulate — not prohibit — vape products. He said the vape industry requires a transparent, nationally consistent framework that would be more sustainable than broad prohibitions or generation-based bans. 'Consumers value their ability to choose safer alternatives and want to see smarter regulations—not prohibition,' he said.


New Straits Times
11-05-2025
- Health
- New Straits Times
No watchdog, more risk: Vape misuse soars amid regulatory void
KUALA LUMPUR: The absence of a dedicated regulatory body overseeing the contents and quality of vape products in Malaysia is a significant factor contributing to their misuse, including the presence of illicit substances. Malaysian Vape Chamber of Commerce (MVCC) secretary-general Ridhwan Rosli said that without proper oversight, there would be no mechanism to verify the safety and legality of vape products available to consumers. This lack of regulation had led to instances where vapes were used to consume illegal drugs, he told Buletin Utama. "There is no agency in Malaysia that regulates the quality of vape products. This is exactly why we're seeing the misuse of vapes for drug consumption," he added. Ridhwan said that the absence of checks allowed for the sale of unverified and potentially harmful products. He was commenting on the government's move to impose a ban on electronic cigarettes and vapes — a decision that has left many industry players and traders in a state of uncertainty. He said that instead of an outright ban, the government should consider implementing a proper regulatory framework to control and monitor the industry. Malaysian Organisation of Vape Entities (Move) president Samsul Kamal Ariffin said that such a ban could lead to the proliferation of untested and unapproved products, exacerbating health risks. "We will lose out on the consumer side, as the products will no longer be regulated at all — this will lead to a black market filled with untested and unapproved items," he said. Pointing out the economic implications, he said that the government would miss out on potential tax revenue from the industry. According to the Malaysian Vape Industry Study 2023, the vape market was valued at over RM3.48 billion in 2023, involving more than 7,500 premises and employing over 31,500 individuals. The study indicates that a significant number of smokers have switched to vaping, with 31 per cent of Malaysian smokers having completely transitioned to vape products. On May 4, Health Minister Datuk Seri Dr Dzulkefly Ahmad said that the government was encouraging more states to cease issuing licences to premises selling vape and e-cigarettes, in line with actions already taken by some states. On April 24, Terengganu Local Government, Housing and Health Committee chairman Datuk Wan Sukairi Wan Abdullah announced that the state would ban the sale of vape products at all premises from Aug 1. Wan Sukairi said the decision was a proactive measure to curb the sale and use of vape products, which could have negative health effects on the younger generation. On April 27, Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor said he wanted to emulate Terengganu's move, adding that he would raise the matter at the state executive council meeting. Previously, both Johor and Kelantan had enforced a ban on the sale of vape and e-cigarette products since January 2016.